Conditions for granting of legal protection

In the Republic of Belarus the legal protection is granted to a geographical indication located in the territory of the Republic of Belarus.

The legal protection of an appellation of origin, which is located in another state, is granted legal protection in the Republic of Belarus if such an appellation of origin is registered and is used in the country of origin of goods and in the Republic of Belarus in accordance with the legislation.

A designation may not be considered as an appellation of origin if that designation although represents the name of a geographical object or contains the name of a geographical object, but has become universally used in the Republic of Belarus as a designation of goods of a certain type that is not associated with the place of their manufacture.

It is not possible to register an appellation of origin, capable to mislead consumers as to the place of manufacture of goods and (or) their special characteristics.

Conditions for granting of legal protection to an appellation of origin:

• An applicant who is a resident of the Republic of Belarus manufactures goods in the territory of a geographical object which possess special characteristics that are solely or primarily determined by specific environmental conditions and (or) human factors of that geographical object.
• A foreign applicant must provide a document confirming his/her right to use an appellation of origin, and confirm the fact that the goods are manufactured in the country of origin.
• There must be an indication of the place of manufacture of goods (borders of a geographical object) with special characteristics, which are exclusively or primarily determined by specific environmental conditions and (or) human factors of that geographical object.

Legal protection of an indication of origin of goods is based on the fact of use of this indication and is not subject to registration.

Legal protection of an indication of origin of goods implies the prohibition of use of false indications of origin, as well as the indications that mislead consumers as to the actual places of origin.

The right to use an appellation of origin registered according to prescribed procedures may be granted to any legal or natural person that is located within the same geographical object and manufactures goods with the same properties.

An appellation of origin may be registered by several persons jointly to indicate goods which are manufactured by them in the territory of a particular geographical object.

In such a case, the right to use the appellation of origin belongs to each of them.